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(영문) 서울남부지방법원 2017.06.23 2016고단6309
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

No person shall transfer or take over any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of the transaction, or lend or lease any access medium or keep, deliver or distribute such medium by receiving, demanding or promising any consideration.

The Defendant, on August 2016, at the Yangcheon-gu Seoul Badong Hospital in Yangcheon-gu, Yangcheon-gu, Seoul, was the company of “B” from a person in a nameless injury, and was the company of “B”, and the liquor tax is reduced by more than 50% and exempted.

A mobile phone text message stating that the account is leased to be used for three (3) days at each week, and that the account will be paid KRW 2,00,000,000 per one (1) and the account is used to lend one e-mail card to the person under the name of the deceased, and then receive the fee of KRW 2,00,000 per account. Around that time, Kwikseter, who was found at the request of the above person under the name of the deceased prior to the first floor convenience store in the above Lee Ho-dong Hospital, made a e-mail card to the Defendant’s name bank account (C) and sent it to the person under the name of the deceased in return for the promise to receive the benefit of access to the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on internal investigation by the police;

1. Application of Acts and subordinate statutes to a report on investigation by the prosecution;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is as follows: (a) transfer of electronic financial transaction access media to another person, such as the instant crime, can cause damage to many and unspecified persons as it can be used for fraud crimes, such as licensing, etc.; and (b) in fact, the Defendant.

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